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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on certain law enforcement inquiries |
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regarding the nationality or immigration status of a victim of or |
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witness to a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.13, Code of Criminal Procedure, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) Subject to Subsection (e), in the course of |
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investigating an alleged criminal offense, a peace officer may |
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inquire as to the nationality or immigration status of a victim of |
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or witness to the offense only if the officer determines that the |
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inquiry is necessary to: |
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(1) investigate the offense; or |
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(2) provide the victim or witness with information |
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about federal visas designed to protect individuals providing |
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assistance to law enforcement. |
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(e) Subsection (d) does not prevent a peace officer from: |
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(1) conducting a separate investigation of any other |
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alleged criminal offense; or |
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(2) inquiring as to the nationality or immigration |
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status of a victim of or witness to a criminal offense if the |
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officer has probable cause to believe that the victim or witness has |
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engaged in specific conduct constituting a separate criminal |
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offense. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |